Get Committee To Tackle Leakage Issues Before Monsoons Arrive
Legally Speaking - Property and Housing Laws | By Solicitor Gajanan Khergamker
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You have, in an earlier column, stated how the minutes are to be finalised by the managing committee. But even after a member points out discrepancies in the draft minutes, if the committee does not take cognisance of the same, what are the remedies available to the member?
- B.W.Ramteke, Aurangabad
The committee shall finalise the draft minutes of every general body meeting of the society within 3 months of the date of the meeting and circulate the draft minutes amongst all the members of the society within 15 days of the meeting of the committee at which the draft minutes were finalised.
The members of the society may communicate to the Secretary of the society, their observations, if any, on the draft minutes, within 15 days of the date of their circulation. The Committee, at its subsequent meeting, shall prepare the final minutes of the general body meeting after taking into consideration the observations, if any, made by the members on the draft minutes and cause them to be recorded in the minutes book, by the Secretary of the Society or any other person authorised in that behalf.
If in doubt, the member should request a copy of the minutes of the general body meetings and committee meetings at a cost of Rs 5 per page according to Byelaw 172 of the Model Bye Laws. With acknowledged copies of the same with a copy of the observations made by members on the draft minutes to be recorded, the member should first submit complaint application to any of the office bearers of the society in writing, giving the details of the complaint (In this case, non-inclusion of changes in draft minutes) according to Section 173.
After receipt of the complaint application, the committee shall take a decision thereof, the coming Managing Committee meeting and the decision shall be communicated to the concerned member within 15 days thereafter – Byelaw 174.
If the Member/Members are not satisfied by the decision of the Committee or does not receive any communication from the committee within the time specified, he/they may approach the competent authority, which in this case will be the Registrar.
Remember, for members to obtain the benefits of the law, they will to be vigil and prepared to go all the way. Patience holds the key to bringing errant committee members on the right track.
Family Members Free Of Premium Transfer Fees
We have a member who wants to transfer his flat to his brother’s name. This is under settlement of their family adjustment. Is a transfer fee applicable in this case or not?
- Vinay Ranka, Ghatkopar
According to Byelaw 38 (e) (IX) of the Model Bye Laws, the Transferor /Transferee make payment of amount of premium at the rate to be fixed by the general body meeting but within limits as prescribed under the circular, issued by the Department of Co-operation – Government of Maharashtra from time to time.
However, the condition of Sr No (ix) does not apply to transfer of shares and interest of the transferor in the capital/property of the society to the member of his family or to his nominee or his heir/legal representative after his death and in case of mutual exchange of flats amongst the members.
Also, no additional amount towards donation or contribution to any other funds or under any other pretext shall be recoverable from transferor or transferee.
This will, however, not affect the payments to be made by way of regular fees and charges applicable to the matter.
Come Monsoons, Committee Must Tackle Leakage Issues
I live in a first floor flat and the member living at the third floor has made a makeshift kitchen sink in his rear balcony next to the kitchen. All the members in society have the similar room format.
Due to incessant water leaks from the third-floor kitchen sink, we have been facing a lot of problems. What are the legal ways to stem this nuisance and what steps can a society take legally to stop this nuisance.
- Mitesh Shah, Pune
According to Model Bye Law 160 (a), it is the onus of the Society to repair and maintain external walls, leakages occurring due to external pipelines and drainage lines. If the leakage has been occurring at an external pipeline or drainage line, the Society will have to bear the cost of the leak.
Write to the Society detailing the above Byelaw and the losses suffered at your end owing to leakages in the building’s external pipelines maintaining which is the onus of the society request for their intervention and urgent repairs of the same.
If the leaks are caused due to a members’ lapse, in my opinion, the society should issue a notice to the member whose flat’s balcony has registered leaks asking him to show-cause why he should not be fined/charged for the costs undertaken to repair the damage caused due to his negligence.
The fine/charge suggested should then be discussed threadbare and any decision to fine/charge or absolve him of paying the fine ratified at the next general body meeting.
This weekly legal column has been generated for The Draft News, Without Prejudice and In Good Faith. To book a Legal Consultation, Call 8080441593.
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